St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-06-13

tnag Municipal corporations, consfd-
erea as communities endowed with PEI
culiar functions for the benefit of their
own eltlzens, have always been recog-
n 1i as possessing powers and capaci-
-tties, ana as being entitled to exempat
tioils dlstlnct from those which they;
possess or can claim as eonyenieDces oil
government. If the authorities are ex-'
ahmed 1t Will be found that these pow
erS ana capacities, and the interests
when are acquired under them. are
usually spoken of as private, in contra
dlctlon 10 those in which the state ia
concerned, and which are called public.
thuS putting those corporations. as re.
gards all such powers, capacities and
interests mere. substantially on the footing of
lie then comedies fully the power Of
the state over the powers and capacities
It should possess and exercise, but saws
That the right of the state over the prop
erty-of the municipal corporation is a
rlgnt-0f regulation and not one of an
preparation, and says:
1.-The constitutional principle thar
no person shall be deprived of
property without due process of
law. applies to artificial persons
asWell as natural, and to munici-
pal corporations in their private capac-
ity, as well as to corporations for manu-
facturlng and commercial purposes.
And when local convenience or need
is to be supplied in which the people of
the state at large, OF any portion
thereof outside of the city limits, are
not concerned, the state can no more. by
a process of taxation, take from the in
dlVldual citizens the money to purchase
1t, than they could, if it had been pro-
cured, appropriate it to state use.'
lie says that these matters are of local
concern, and that all such matters are
left to those whose interests will prompt
them to act with prudence. And saws.
we affirm, then, that the city of De-
troit has the right to decide for itself
upon the purchase OF a park"
Next, after discussing the agency
through which it was proposed by the
act to create these parks. he declares
the doctrine OF self government, and
says:
1hat II is not representative gov
eminent in which the people are NOT
permitted to say in what trusts their
agents shall be permitted to represent
them," and concludes, 1--WE cannot.
therefore, say that the board of park
commissioners are representatives of
the city, of Detroit, fol the purpose
named, because to do 50 would be to
mold that the shadow is the same as the
substance, and that servant and ruler
are controvertible terms.''
The high representative trust
created by the act of 1878, which con-
Germs and will concern the happiness and
prosperity. the health and comfort of
that city for an indefinite future.
the people of Detroit have not been per
United to fill. The persons named for it
are the appointeeS of the legislature and
not OF the city, and however disinter-
ested and honorable may have been
their course, and however wise and be-
neticent their contemplated action, we
nave no power to aid it by legal process,
because, concerning as it does, the pri-
vate corporate interests of the city. it
has been had without the consent of the
city expressly or by Implication given.n
Judge Campbell followed in the same
case. and holds that the transfer of the
powers OF common council to agents
appointed by the state is All invasion of
the right of representative government
which cannot be allowed.
This case is also emphasized and af-
firmed in Attorney General VS.. Common
Council, % Mich. los, and in Wilcox VS..
Paddock, 81 n. W. Rep. 600.
1t is needless to multiply cases, for,
except perhaps in one case, in II Ala,
upon, the contrary doctrine seems not
to have been laid down.
The numerous cases which fall under
the head of police regulation, or the ap-
port0nment OF the expense of building
public improvements among municipal
governments. are always to be distin-
guiShed in principle.
This act which purpoYts to give the
agents appointed by the state such I'M
limited power of taxation, either by bond
OF by local assessment, is to be con-
demned upon every reason urged by the
learned judges in the cases cited.
They are entirely removed from the
control of the people or there represen-
tativeS, and there is no check upon
their action except the somewhat
absurd one of removal from office
upon conviction in the district court for
misconduct upon the petition of ten
reputable freeholders of the city: and
the high character of the persons APP
pointed in this case does not in any way
affect the principle involved.
What might be overlooked without
danger in one case might work disaster
as precedent to be followed.
The result of our examination is
apparent.
Either the act reserves discretion to
the Common Council as to the issue of
the bonds, or it is void. Respectfully
submitted, w. d. CORNISH,
CHAS. E. OTIS.
Resolution for $4,000 referred to in
report of committee adopted and the
consideration of the report laid over
until next regular meeting.
Of Committee on Claims and Accounts
Timothy Leahy'S Claim
Committee recommend that said claim
be referred to the Corporation Attorney
for investigation.
Adopted.
Caroline Frei's Claim
Committee recommend that the sum Of
$500 be allowed the claimant.
Adopted. (See Ordinance No. 7S1.)
Also,
II. L. Larson's Petition
Committee report that after further
examination and survey by the City
Engineer, it appears that the building
of II. l.. Larson was not within the fire
limits, and recommend that the amount
of the fine paid by said Larson be re-
funded.
Adopted. (See Ordinance No. 1922
F. Knauft's Claim
Committee recommend that said claim
be referred to the Corporation Attorney
for investigation and report.
Adopted.
Also.
Charles MetZger's Petition
Committee recommend that said Metz
ger be allowed the amount paid by him
for taxes on property taken by the city,
etc.
Adopted. (See resolution.
Also,
3. A. Froiseth'S Petition
Committee recommend that said petit
toner be allowed the sum of 500.
Adopted. (See Ordinance No. 7S0).
Also,
+. w. Sadd'S Petition